Gifts are always nice, and get inGift apartment is more pleasant in a double. The conclusion of a gift agreement is a frequent occurrence and is very common among close relatives. It is not enough to receive an expensive gift, it needs to be issued in accordance with the current legislation of the Russian Federation.
It should be understood that a gift can be based onOnly on the mutual consent of the parties. The deal on donating a property is free of charge, and the donor does not receive anything from it. Also, the gift contract can not contain any conditions, for example, the donor can not give an apartment, provided further residence in it. The gift contract is concluded in writing and, like all transactions with real estate, is subject to mandatory state registration. The list of documents for the transaction on the gift of the real estate object is much less than when concluding a contract for the sale of a property, but there are still statutory requirements.
Parties to the contract - the donor and the donee. When concluding a contract for the gift of an apartment, the following documents must be present: title documents and documents for the apartment (purchase and sale agreement, donations, certificate of inheritance, privatization documents, certificate of ownership), technical and cadastral passport for the property. If the donor is married and the object of donation is jointly acquired by the property of the spouses, then the notarized consent of the spouse for the conclusion of the gift agreement is necessary.
Having received an apartment as a gift, it is important to know thatThe cost of the gift will have to pay a tax of 13%. In accordance with the Tax Code of the Russian Federation, close relatives are exempt from tax payment. Close relatives are: spouses, parents, children, grandmothers, grandfathers, grandchildren, brothers and sisters, adopted children and foster parents. The rest will be paid 13% of the value of the property specified in the contract. The cost of an apartment can be indicated as market, valuation, cadastral or established by the donor at its discretion.
The gift contract must contain the followingInformation: the name of the donor and the donee, their passport data, registration addresses, full information about the property (address, area, floor, number of rooms), list the documents on the basis of which the donor owns the apartment. The contract must be signed by the donor and the donee. If an attorney acts on behalf of the donor, the power of attorney must necessarily contain complete information about who it was issued to and for what purpose, to contain data about the apartment and the concierge. Otherwise, the transaction may be deemed illegal.